Umakanthan53
Labour Law & Hr Consultant
Maheshfaridabad
Hr Manager
+1 Other

Thread Started by #maheshfaridabad

Dear Seniors
Please tell me the legal procedure for dismissal of Casual Employees, e.g. due to urgent work we hired 50 casual employees on 07.01.2015 to 27.01.2015 now we have not required of them
plz tell me the proper Legal procedure of them that how to remove them.
22nd July 2015 From India, Faridabad
As the very name suggests, engagement of workmen for some incidental work s which last for a temporary stretch of time in the establishment is called the practice of employment of casual labour. When the work is over, the engagement is over and no question of dismissal or discharge or removal of such casual labour for the simple reason that the arrangement is only a contract for service and not contract of service.
23rd July 2015 From India, Salem
Thanks for your reply Umakanthan. M
we Hire a casual employee for more then 15 time in last 10 year as casual worker now he went in labor office when we deny him to cont. work he is demanding 15 year retrenchment compensation and gratuity,
he have withdrawal all PF amount time to time,
23rd July 2015 From India, Faridabad
""As the very name suggests, engagement of workmen for some incidental work s which last for a temporary stretch of time in the establishment is called the practice of employment of casual labour.""
Was the work incidental or perennial in nature?
However the period of 20 days is a short duration and the employer is well at liberty to stop hiring them.
No need to give them any written termination or other order.
As a matter of fact it is not dismissal of casual labour, it is just that requirement is over and they are being called upon to render daily services.
23rd July 2015 From India, Pune
Maheshfaridabad,
Refer this link:
Casual labourers have no right to regularisation | Business Standard News
Prima facie the employee who worked 15 times(Days??) has no real legal case to win in the court.
23rd July 2015 From India, Pune
dear natho thanks for your reply but i m asking if we have hired him 12 time in last 10 year in different different period then can he calim for retrenchment for 10 year
23rd July 2015 From India, Faridabad
My answer is no. Causal employee is trying his luck through legal cases. Mostly he will not win. This is based on the very limited details are available in your post.
23rd July 2015 From India, Pune
there is no any issue if you hired them directly and clear his F & F then what is problem if they want to go to labour dept. then let them go, because if any employee is received his F & Payment it means he is accepting that from the date of F & F there is no any relation between them and company as employee and employer.
and if you hired them through a contractor then simple say to your contractor, no need to interfere in matter. because they are not your employee they are on payroll of your contractor.
23rd July 2015 From India, Rudarpur
Dear Mahesh,
If your contention that the individual was provided casual employment for more than 15 times only in the last 10 years is true, you need not bother about his present claim for retrenchment compensation. Retrenchment compensation is based on continuous service rendered by the employee under the same employer. Pl refer to Sec.25B of the Industrial Disputes Act,1947 for the definition of " continuous service". If you have documentary evidence like muster roll, it is suffice to disprove his claim. Even otherwise the annual slips issued by the EPFO would contain the actual amounts of contribution from which also the no of days worked in a particular year could be inferred. However, It is the duty of the claimant to prove his continuous service when it actually spreads across a longer time span of 10 years.
23rd July 2015 From India, Salem
thanks umakant ji and all for your valuable reply finally i reach that he should prove that how he work for 10 year
he have new pf no. and other old PF amount is already setteled
new PF number is showing his date of joining cleary
23rd July 2015 From India, Faridabad
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